Sex discrimination at religious schools, contraception vending machines: 5 Things podcast

On today's episode of the 5 Things podcast: Challenge to federal law giving religious schools right to discriminate based on sex

USA TODAY Supreme Court Correspondent John Fritze discusses a challenge to federal law giving religious schools the right to discriminate based on sex. Plus, Israel's Prime Minister Benjamin Netanyahu has an unexpected heart procedure as protesters march to Jerusalem to decry his judicial system changes, USA TODAY Breaking News Reporter Itzel Luna discusses colleges turning to emergency contraception vending machines, wildfires force the evacuation of a Greek vacation island, and Barbie tops Oppenheimer in the "Barbenheimer" weekend box office showdown.

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Hit play on the player above to hear the podcast and follow along with the transcript below. This transcript was automatically generated, and then edited for clarity in its current form. There may be some differences between the audio and the text.

Mark Sovel:

Good morning. I'm Mark Sovel in for Taylor Wilson, and this is 5 Things you need to know Monday, the 24th of July 2023. Today, the fight over LGBTQ+ rights to religious schools. Also, summer fires caused the evacuation of a Greek vacation island, and colleges turned to emergency contraception vending machines.

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A group of plaintiffs are suing the US Department of Education challenging a law that allows religious colleges to discriminate based on the sex of students and applicants. USA TODAY'S Supreme Court Correspondent John Fritze is here with the story. Thanks for joining me, John.

John Fritze:

Hey, thank you.

Mark Sovel:

So what is the genesis of this case?

John Fritze:

Every business in the country, every college in the country, a lot of institutions in the country are barred from discriminating against people under federal anti-discrimination laws. And the law at issue here is called Title IX, and it says that colleges that receive federal funding may not discriminate on the basis of sex or age or other factors. But there's an exception to that law. It's a religious exception. And what the law says is that universities and colleges that are tied to a religion don't have to follow that rule. And so they are allowed to discriminate on these bases if they feel like the students or faculty involved are not consistent with their religious beliefs. And so this case involves LGBTQ+ individuals who either wanted to attend these schools or did attend these schools and either were denied application or were punished in some way, reprimanded for their sexual orientation or gender identity.

Mark Sovel:

John, tell us why this case is notable and where does the case sit now?

John Fritze:

The case is sitting at the US Court of Appeals for the Ninth Circuit. It's notable because there's this real tension in this nation right now in courts between religious rights and LGBTQ+ rights. We see this in case after case. And what we see in most of these cases are the religious entities winning. The religious entities of course have a First Amendment protection. There's a part of the First Amendment that says that people have freedom to exercise their faith without intrusion from the government. It's a situation where LGBTQ groups are fighting back. They're going on offense and saying look, we're going to challenge this law and argue that it's not constitutional under equal protection and other parts of the Constitution.

Mark Sovel:

In your opinion, is this case likely to be headed for the Supreme Court?

John Fritze:

I think there's a good chance for it, and this is an issue certainly that's gone up to the Supreme Court repeatedly in the past many years. The most notable case recently, it's just this term, was a case called 303 Creative that listeners are probably familiar with. This case involved a web designer who wanted to decline to make wedding websites for same-sex couples. So this is very much a live and hot issue right now in federal courts. It wouldn't surprise me at all if this case winds its way up. We'll see what the Ninth Circuit does first.

Mark Sovel:

I want to be clear, has the Supreme Court set any precedents on the issue involved here?

John Fritze:

So it's an interesting question. There's a really interesting case from a couple of years back called Bostock v. Clayton County. This is a case involving gay and transgender individuals that sued arguing that anti-discrimination laws in private workplaces, that what that law says is that you can't discriminate on the basis of sex. It doesn't say anything explicitly about gender identity or sexual orientation. What the Supreme Court decided in the Bostock case was that when the law uses the word sex, that that also encompasses those other things, gender identity. And the upshot of that was that employers may not discriminate against employees on the basis of sexual orientation or gender identity. That's part of what's at issue in this case, instead of Title VII dealing with employment, it is Title IX dealing with federally-funded colleges and universities. The Supreme Court has not specifically said what the outcome of that case is. The lower courts have been looking at this sort of blind. In other words, they've been reading the law without clear guidance from the Supreme Court.

Mark Sovel:

When can we expect to hear a decision by the Ninth Circuit?

John Fritze:

We're a ways off from that. So we expect to see some briefing in the case later this summer, subsequent briefing from the other side a few months after that. I think potentially by the end of the year or early next year, we could get a decision from the Ninth Circuit, and then whoever loses will have to decide if they want to appeal that to the Supreme Court.

Mark Sovel:

John Fritze, on the road. Thank you for covering this story.

John Fritze:

Hey, thank you.

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Mark Sovel:

Tens of thousands of Israelis marched from Tel Aviv to Jerusalem over the weekend, over 40 miles, in protest of Prime Minister Benjamin Netanyahu, and his planned overhaul of the Israeli judicial system. As marchers were making their way to Israel's Knesset or parliament building, Netanyahu was rushed to a hospital in Tel Aviv Sunday for an unexpected heart procedure. According to the Associated Press, Netanyahu's doctors say a pacemaker implant went well and he is recovering. The operation took place just hours before Israel's parliament was set to vote today on his plan to limit the power of the country's judicial system. The prime minister had been expected to attend the vote. In a brief statement after the procedure, Netanyahu said he would be attending the vote and is pursuing a compromise with his opponents. The bill would limit the ability of the country's Supreme Court to overrule government policies that it deems unreasonable. Netanyahu's conservative government has been facing mass protests in recent months as the proposed legislation has come closer to becoming law.

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As abortion restrictions increase across the nation, emergency contraception vending machines offer a lifeline for people living in contraceptive deserts. I'm now joined by USA TODAY Breaking News Reporter Itzel Luna for more. Itzel, thank you for joining me.

Itzel Luna:

Hi.

Mark Sovel:

Where are these vending machines popping up?

Itzel Luna:

Currently, we've seen these machines pop up at about 39 colleges and universities across 17 states. And they are very popular in more Democratic states like California and Washington. But we are also seeing them pop up in schools located in states that have banned or restricted abortion including Florida, Oklahoma, North Carolina. A lot of these efforts are usually student led, so they do exist at schools with bigger student populations.

Mark Sovel:

And who is paying for them?

Itzel Luna:

Typically, the machines are paid for and stocked by the universities, and many student groups have partnered with their health clinics at schools to facilitate the restocking process. However, Washington has actually made a really big move earlier this year. They became the first state to actually allocate money in the state's 2024 budget specifically aimed at funding the implementation of these machines across the state. So next year, they'll have $200,000 available and schools can apply for $10,000 grants. And this will be available to four-year, two-year institutions as well as technical schools to help expand the access.

Mark Sovel:

Do these machines just carry emergency contraception, or are there other products offered?

Itzel Luna:

These machines are often considered health and wellness machines, and they do offer much more than just emergency contraception. The machines typically stock various items that students might need, and this can include pregnancy tests, ibuprofen, condoms, tampons, and other pain relievers like Tylenol and Advil. When this is actually done by design, a lot of student advocates mention that including a variety of products in the machine is a tactic to ensure that community members have a sense of privacy and anonymity when using the machine. So it creates a judgment-free space where students can utilize the machine without feeling like everyone around them is aware of what they're buying.

Mark Sovel:

Are these products subsidized at all?

Itzel Luna:

Yes. Typically, they are. And that is a core goal of many student groups. They know that morning-after pills tend to cost around $40 to $50, which is too expensive for a lot of college students to afford. So for example, at the University of Washington, they sell the pill at the direct production cost, which is around $12, and at Boston University they sell it for around $10.

Mark Sovel:

Does the community also have access to the machines or just the students?

Itzel Luna:

So the locations of the machines are typically strategically chosen to be accessible to the broader campus community. So this often means that they are placed outside of health centers or in libraries. And many schools that have implemented the machine, including Boston University for example, allows and encourages outside community members to utilize the machines. And there are also no added barriers for people outside of the student community who would want to buy the products from the machines since all that's typically needed and required is some sort of payment.

Mark Sovel:

In states with strict abortion laws, is there a pushback against the placement of these vending machines?

Itzel Luna:

So there hasn't been necessarily any public reported pushback that I've been aware of, particularly because the morning-after pill is still legal in all 50 states. However, there have been some students, particularly at religious schools and schools in more conservative areas, that do face added barriers to this. And in these cases, some students have actually set up what's called peer-to-peer emergency distribution hotlines. So in schools like Tulane University, for example, in Louisiana, students and community members are able to text or call a hotline, and student volunteers will then meet them anywhere on campus to get these students the free emergency contraception that they need. So there are definitely systems in place that have circumvented some of that pushback.

Mark Sovel:

Are the machines being distributed equitably or are they ending up on wealthier campuses?

Itzel Luna:

A big issue right now in this process is that vending machines are not being distributed equitably. The implementation of the machines, as I mentioned, it's completely student led. And it often does take months if not years of activism, which does mean that they tend to exist on campuses that have bigger student populations and are wealthier. Which is why we see schools like Stanford, Dartmouth, Harvard, and other elite schools have the machines. Although there are state schools that also have machines like Cal State Northridge and Purdue for example, it's still not equal even within these public flagship schools, again, because it does take just months or years of student-led efforts to make this happen. For example, the University of Washington has three campuses in the state, and currently, a vending machine is present at the Seattle campus, which is actually the only campus of the three that does have a health clinic, while the other two don't and also don't have a vending machine.

Mark Sovel:

Thanks so much for your reporting here, Itzel.

Itzel Luna:

Of course. Thank you for having me.

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Mark Sovel:

Wildfires have forced the evacuation of nearly 20,000 people from the Greek island of Rhodes as fires burned for a sixth day, threatening to surround 12 villages and several resorts and hotels. This is at the height of its summer tourism season. Package vacation companies are canceling flights to the island. One said it would fly in with empty planes to evacuate customers. A Rhodes travel agent confirmed that the evacuation was hasty, saying there was a panic and authorities were overwhelmed. The agent also said 90% of the evacuated tourists are from European countries.

The Greek Ministry of Foreign Affairs is setting up a help desk at the Rhodes International Airport for visitors who have lost their travel documents in the evacuation. A fire brigade spokesman said over 250 firefighters and 50 engines were operating on the ground with help from hundreds of volunteers. Also, 10 firefighting planes and eight helicopters were sent from neighboring countries. Unfortunately, for the firefighters, the weather remains hot in the Mediterranean nation with midday temperatures reaching 100° Fahrenheit.

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It was a battle royale, but Barbie topped Oppenheimer in the weekend's big box office bonanza. The Greta Gerwig-helmed fantasy flick raked in $155 million at the box office making it the biggest film opening of the year. Barbie's success was fueled by a social media campaign that was nearly unavoidable. And Oppenheimer was no dud either, earning a respectable second place with over $80 million coming in for the epic telling of the creation of the atomic bomb during World War II. One Hollywood takeaway from the dual success of the films is that neither is a franchise superhero film, a sign that there is still an appetite for big screen features outside the comic book world. When it's all tallied, it may turn out to be the fourth-biggest box office weekend of all time with over $300 million industry-wide. The so-called Barbenheimer phenomena may have started out as a good-natured competition between two aesthetic opposites, but both movies benefited in the end. And for moviegoers, it was a win-win.

Thanks for listening to 5 Things. If you like the show, please subscribe and leave us a rating and a review on Apple Podcasts. If you have any comments, you can reach us at podcasts@usatoday.com. We'll be back tomorrow with more of 5 Things from USA TODAY.

This article originally appeared on USA TODAY: Colleges turn to emergency contraception vending machines: 5 Things podcast